1-1 By: Bivins S.B. No. 1184
1-2 (In the Senate - Filed March 10, 1999; March 11, 1999, read
1-3 first time and referred to Committee on Natural Resources;
1-4 March 25, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; March 25, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1184 By: Bivins
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the activities permitted under certain liquefied
1-11 petroleum gas licenses.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Sections 113.082 and 113.102, Natural Resources
1-14 Code, are amended to read as follows:
1-15 Sec. 113.082. CATEGORIES OF LICENSEE; FEES. A prospective
1-16 licensee in LPG may apply to the LPG division for a license to
1-17 engage in any one or more of the following categories:
1-18 (A) container manufacturers/fabricators: the
1-19 manufacture, fabrication, assembly, repair, installation,
1-20 subframing, testing, and sale of LPG containers, including LPG
1-21 motor or mobile fuel containers and systems, and the repair and
1-22 installation of transport and transfer systems; and the category
1-23 "A" application and original license fee is an amount not to exceed
1-24 $1,000 as determined by the commission; the annual renewal license
1-25 fee is an amount not to exceed $600 as determined by the
1-26 commission;
1-27 (B) transport outfitters: the subframing, testing,
1-28 and sale of LPG transport containers, the testing of LPG storage
1-29 containers, the installation, testing, and sale of LPG motor or
1-30 mobile fuel containers and systems, and the installation and repair
1-31 of transport systems, and motor or mobile fuel systems; the
1-32 category "B" application and original license fee is an amount not
1-33 to exceed $400 as determined by the commission; the annual renewal
1-34 license fee is an amount not to exceed $200 as determined by the
1-35 commission;
1-36 (C) carriers: the transportation of LPG by transport,
1-37 including the loading and unloading of LPG, and the installation
1-38 and repair of transport systems; the category "C" application and
1-39 original license fee is an amount not to exceed $1,000 as
1-40 determined by the commission; the annual renewal license fee is an
1-41 amount not to exceed $300 as determined by the commission;
1-42 (D) general installers and repairmen: the sale,
1-43 service, and installation of containers, excluding motor fuel
1-44 containers, and the service, installation, and repair of piping,
1-45 certain appliances as defined by rule, excluding recreational
1-46 vehicle appliances and LPG systems, excluding motor fuel and
1-47 recreational vehicle systems; the category "D" application and
1-48 original license fee is an amount not to exceed $100 as determined
1-49 by the commission; the annual renewal license fee is an amount not
1-50 to exceed $70 as determined by the commission;
1-51 (E) retail and wholesale dealers: the storage, sale,
1-52 transportation, and distribution of LPG at retail and wholesale,
1-53 and all other activities included in this section except the
1-54 manufacture, fabrication, assembly, repair, subframing, and testing
1-55 of LPG containers, and except the sale and installation of LPG
1-56 motor or mobile fuel systems that have an engine with a rating of
1-57 more than 25 horsepower; the category "E" application and original
1-58 license fee is an amount not to exceed $750 as determined by the
1-59 commission; the annual renewal license fee is an amount not to
1-60 exceed $300 as determined by the commission;
1-61 (F) cylinder filling: the operation of a
1-62 cylinder-filling facility, including cylinder filling, the sale of
1-63 LPG in cylinders, and the replacement of a cylinder valve; the
1-64 category "F" application and original license fee is an amount not
2-1 to exceed $100 as determined by the commission; the annual renewal
2-2 license fee is an amount not to exceed $50 as determined by the
2-3 commission;
2-4 (G) service station: the operation of an LPG service
2-5 station filling ASME containers designed for motor and mobile fuel;
2-6 the category "G" application and original license fee is an amount
2-7 not to exceed $100 as determined by the commission; the annual
2-8 renewal license fee is an amount not to exceed $50 as determined by
2-9 the commission;
2-10 (H) cylinder dealers: the transportation and sale of
2-11 LPG in cylinders; the category "H" application and original license
2-12 fee is an amount not to exceed $1,000 as determined by the
2-13 commission; the annual renewal license fee is an amount not to
2-14 exceed $300 as determined by the commission;
2-15 (I) service station and cylinder filling: any service
2-16 station and cylinder activity set out in categories "F" and "G" of
2-17 this section; the category "I" application and original license fee
2-18 is an amount not to exceed $150 as determined by the commission;
2-19 the annual renewal license fee is an amount not to exceed $70 as
2-20 determined by the commission;
2-21 (J) service station and cylinder facilities: the
2-22 operation of a cylinder-filling facility, including cylinder
2-23 filling and the sale, transportation, installation, and connection
2-24 of LPG in cylinders, the replacement of cylinder valves, and the
2-25 operation of an LPG service station as set out in category "G"; the
2-26 category "J" application and original license fee is an amount not
2-27 to exceed $1,000 as determined by the commission; the annual
2-28 renewal license fee is an amount not to exceed $300 as determined
2-29 by the commission;
2-30 (K) distribution system: the sale and distribution of
2-31 LPG through mains or pipes and the installation and repair of LPG
2-32 systems; the category "K" application and original license fee is
2-33 an amount not to exceed $1,000 as determined by the commission; the
2-34 annual renewal license fee is an amount not to exceed $300 as
2-35 determined by the commission;
2-36 (L) engine fuel: the sale and installation of LPG
2-37 motor or mobile fuel containers, and the sale and installation of
2-38 LPG motor or mobile fuel systems; the category "L" application and
2-39 original license fee is an amount not to exceed $100 as determined
2-40 by the commission; the annual renewal license fee is an amount not
2-41 to exceed $50 as determined by the commission;
2-42 (M) recreational vehicle installers and repairmen:
2-43 the sale, service, and installation of recreational vehicle
2-44 containers, and the installation, repair, and service of
2-45 recreational vehicle appliances, piping, and LPG systems, including
2-46 recreational vehicle motor or mobile fuel systems and containers;
2-47 the category "M" application and original license fee is an amount
2-48 not to exceed $100 as determined by the commission; the annual
2-49 renewal license fee is an amount not to exceed $70 as determined by
2-50 the commission;
2-51 (N) manufactured housing installers and repairmen:
2-52 the service and installation of containers that supply fuel to
2-53 manufactured housing, and the installation, repair, and service of
2-54 appliances and piping systems for manufactured housing; the
2-55 category "N" application and original license fee is an amount not
2-56 to exceed $100 as determined by the commission; the annual renewal
2-57 license fee is an amount not to exceed $70 as determined by the
2-58 commission;
2-59 (O) testing laboratory: the testing of an LP-gas
2-60 container, LP-gas motor fuel systems or mobile fuel systems,
2-61 transfer systems, and transport systems for the purpose of
2-62 determining the safety of the container or systems for LP-gas
2-63 service, including the necessary installation, disconnection,
2-64 reconnecting, testing, and repair of LPG motor fuel systems or
2-65 mobile fuel systems, transfer systems, and transport systems
2-66 involved in the testing of containers; the category "O" application
2-67 and original license fee is an amount not to exceed $400 as
2-68 determined by the commission; the annual renewal license fee is an
2-69 amount not to exceed $100 as determined by the commission; or
3-1 (P) portable cylinder exchange: the operation of a
3-2 portable cylinder exchange service, where the sale of LP-gas is
3-3 within a portable cylinder with an LP-gas capacity not to exceed 21
3-4 pounds; the portable cylinders are not filled on site, and no other
3-5 LP-gas activity requiring a license is conducted; the category "P"
3-6 application and original license fee is an amount not to exceed
3-7 $100 as determined by the commission; the annual renewal license
3-8 fee is an amount not to exceed $50 as determined by the commission.
3-9 Sec. 113.102. ADDITIONAL ACTIVITIES PERMITTED UNDER CATEGORY
3-10 "E" LICENSES. The commission by rule may permit a category "E"
3-11 licensee whose license was issued before September 1, 1999, to
3-12 perform for a reasonable period an activity described by category
3-13 "L" of Section 113.082. This section expires September 1, 2001
3-14 [PRIOR LICENSES. All prior LP-gas licenses authorizing portable
3-15 cylinder exchange activities shall, on an applicant's compliance
3-16 with the renewal procedure set out in this chapter, be converted to
3-17 a license identified as category "P"].
3-18 SECTION 2. The change in law made by this Act applies to a
3-19 license issued under Chapter 113, Natural Resources Code, before,
3-20 on, or after the effective date of this Act.
3-21 SECTION 3. This Act takes effect September 1, 1999.
3-22 SECTION 4. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended.
3-27 * * * * *